"The first victory we can claim is that our hearts are free of hatred. Hence we say to those who persecute us and who try to dominate us: ‘You are my brother. I do not hate you, but you are not going to dominate me by fear. I do not wish to impose my truth, nor do I wish you to impose yours on me. We are going to seek the truth together’. THIS IS THE LIBERATION WHICH WE ARE PROCLAIMING."
Oswaldo José Payá Sardiñas (2002)

Wednesday, March 4, 2015

IACHR laments death of 14-year-old Kluivert Roa shot in the head by regime official in Venezuela

Kluivert Roa

IACHR Laments the Death of a Student during Protests in Venezuela
March 3, 2015

Washington, D.C.—The Inter-American Commission on Human Rights
(IACHR) laments the death of a student during the suppression of a
demonstration in Táchira, Venezuela, by security forces of the State.
The IACHR rejects all forms of violence and urges the State of
Venezuela to ensure that any use of force is in strict accordance with
its international obligations. It also calls on Venezuela to promote a
process of dialogue to find a peaceful solution to the current
tensions, in a context of strict respect for human rights.

According to the information available, 14-year-old Kluibert Roa
received a gunshot wound to the head during clashes between students
and State security forces which took place on February 24, in the area
around the Catholic University of Táchira (UCAT). The information
received indicates that Kluibert Roa, a high school student, was not
participating in the protests.

The Public Prosecutor’s Office reported that a police officer has
been arrested in the case, and announced that it will launch an
investigation. The Inter-American Commission takes note of the
announcement and urges the State to conduct this investigation
diligently and impartially, punish those responsible, and provide
reparation to the victims.

Given the importance of the rights of freedom of association and
expression for the consolidation of democratic societies, any
restriction must be justified by an imperative social interest.
Therefore, the limitations that a State may impose on a demonstration
or protest must be justified by the duty to protect people, and the
means used must be the safest and least harmful for demonstrators and
passersby. Actions by agents of the State must not discourage the
exercise of these rights. Moreover, any limitations on demonstrations
must be governed by the principles of legality, necessity, and
proportionality. The use of force in public demonstrations must be the
exception, not the rule, and must be under strictly necessary
circumstances, in keeping with recognized international principles.

The Inter-American Commission urges the State to adopt mechanisms to
avoid excessive use of force by public law enforcement in protest
marches and demonstrations, an obligation that must be taken into
account especially in the case of children and adolescents.

A principal, autonomous body of the Organization of American States
(OAS), the IACHR derives its mandate from the OAS Charter and the
American Convention on Human Rights. The Inter-American Commission has a
mandate to promote respect for human rights in the region and acts as a
consultative body to the OAS in this area. The Commission is composed
of seven independent members who are elected in an individual capacity
by the OAS General Assembly and who do not represent their countries of
origin or residence.